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On The Improvement Of The Time Limit System For Adducing Evidence In Civil Litigation In China

Posted on:2018-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:H J ZhangFull Text:PDF
GTID:2336330515479771Subject:Law
Abstract/Summary:PDF Full Text Request
The time limit system of adducing evidence has been practically running for a long period of time in our country.In the course of its operation,China has continuously researched and explored the problems and solved the problem,and has gradually enriched the system so as to adapt to our national conditions.China’s 2012"Civil Procedure Law" promulgated in China and the "judicial interpretation of civil procedure law" in 2015 have adjustted and stipulated the time limit system of proofm but the current time limit system of proof is from the system design or the actual operation There is a certain lack of still need to be further improved,so that it can fully adapt to China’s national conditions and modern litigation concept,give full play to its system functions.Based on the theory of honesty and trustworthiness,the concept of litigation economy and the theory ofprocedural stability,the time limit system has the function of ensuring the fairness of litigation,promoting the reconciliation of the parties and ensuring the stability of the referee.The system and the system of some countries and regions Early,has formed a relatively mature system,such as the British appeals procedures and evidence disclosure system,the United States mandatory system and the pre-court meeting system,as well as Germany’s unique legal trial request,the Japanese party note system The China’s time limit system of proof in the early days of the state was not in the state until 2001,the Supreme People’s Court promulgated the"pro visions on the evidence of civil litigation" to judicial interpretation of the form of the first time to prescribe the time limit system,and the highest in 2008 The People’s Court "on the application of the provisions of the" evidence of civil proceedings in the provisions of the time limit for the notice ",2012" Civil Procedure Law ",2015"Civil Procedure Law judicial interpretation "supplement and improve,and gradually formed the existing The system of time limit system.Due to the influence of the traditional concept and the inadequacies of the systhm design,the existing time limit system and the practice can not be well coordinated,such as the mandatory defense system,evidence exchange system and pre-court conference system and other related system design Of the lack of or lack of evidence,and the determination of the adoption of evidence to determine the standard is not clear and unreasonable lead to the judge has too much discretion,and so these are hindering the normalization of the function of the time limit system,resulting in the system Can not fully realize its value.Through the study of this system,combined with the practical experience outside the domain can be found in the true sense of the establishment of mandatory defense system to ensure that the parties really between the full exchange of information,and the exchange of evidence to improve the relevant provisions to ensure that the exchange of evidence And the full play of the role.To improve the contents of the pre-court meeting system,and to clarify its status in the process of handling the case to ensure that its function to play.Give full play to the role of the judge to explain the right to ensure that the parties can be fully informed in the case of active and complete exercise of their corresponding rights and fulfill their legal obligations.At the same time,it is necessary to revise the judgment standard of the adoption of the court in order to ensure the significance of this system and improve the efficiency of litigation.So that the time limit system of proof can play its due role and promote the progress of civil action in China.
Keywords/Search Tags:The time limit system of adducing evidence, Overdue proof, Evidence exchange, Pretrial conference
PDF Full Text Request
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